The Industrial Relations Court (IRC) last Wednesday ordered government to pay a total of K52 million to people who worked under former president the late Bingu wa Mutharika for unfair dismissal.
Following the death of Mutharika on April 5 2012, the Joyce Banda administration dismissed eight people who were serving the late president at the State House.
The dismissed employees are Dr Hetherwick Ntaba who was engaged as presidential spokesperson, the Reverend Billy Gama (presidential adviser on religious affairs), Bessie Chirambo (special assistant to the president on civil society), Albert Mungomo (presidential press officer) and Francis Mphepo (senior political adviser).
Others who played different roles serving Mutharika are Henry Chiwaya, Margaret Chiponda and Edward Sawerengera.
The Attorney General’s (AG) office defended the matter heard in Blantyre and the applicants were represented by private practice lawyer Kalekeni Kaphale.
In his ruling, IRC deputy chairperson Jack N’riva found that the applicants were unfairly dismissed and were not given any reason, contrary to provisions of the Employment Act.
Said N’riva: “[Government] could have at least told the applicants the reasons for their dismissal. I am sure there was a practical reason why the applicants’ services were no longer required. That reason, coupled with a fair hearing and fair equitable actions, could have justified the dismissals.”
N’riva proceeded to award the applicants their entitlements, depending on their positions and period they served the late president.
Ntaba has been awarded K10.5 million, Gama K5 million, Chirambo over K3.6 million, Mungomo K4.2 million, Mphepo K7.3 million, Chiwaya K6.1 million and Sawerengera K11.7 million.
The AG’s officer argued earlier that the contracts were personal in nature and that following the death of the sitting president, the affected officers were frustrated such that they would not have been expected to continue serving in their capacities.
But Ntaba and his colleagues argued that in their understanding, they were serving the President and not an individual.
They said they believed they would serve the office even after the person left the office. They argued the contracts did not mention anything concerning death of a president.
The court learnt that the applicants entered into 36 months contracts of employment with the government.
After the death of Mutharika, apart from the State House, there were massive dismissals in the entire civil service and statutory corporations by the current administration.
